Managing Director and General Counsel | ICBC International Holdings
Han Wai Khor
Managing Director and General Counsel | ICBC International Holdings
What is the biggest shift you have seen in the role of General Counsel in the past five years, and how do you see it evolving further?
Given the last five years have been marked by various forms of uncertainty in the region (COVID, increased geo-political tensions and an economic down-cycle), there has been a shift in focus towards risk management (as opposed to during economic up-cycles, where the focus may be on growth (whether in terms of new products or new markets)). In this respect, GCs have also increasingly been asked to weigh in on risks that are not purely legal in nature (for e.g. on matters involving governance, reputational, business continuity, cyber-security and operational risks). I expect this trend to continue and to stay relevant, GCs will have to continually up-skill so that they are able to contribute meaningfully to discussions around these other types of risk.
What is the most overlooked skill or mindset that today’s in-house lawyers need to succeed at the highest level?
From a skills perspective: the role of in-house counsel involves achieving a balance between legal risk and commercial objectives but as the legal function does not (from an organisational hierarchy perspective) sit atop other functions, it is usually necessary to find other ways of obtaining stakeholder buy-in for our viewpoints. Lawyers therefore need to be skilled in framing issues (i.e. presenting viewpoints in a manner that is positive – for example, how a certain stance may be beneficial to protecting the firm’s interests as opposed to just focusing on negative messaging) in order to maximise chances of obtaining buy-in while avoiding unnecessary conflict. From a mindset perspective: lawyers should also strive for an expanded team player mindset that considers the interests of the company more holistically (i.e. not just their own interests or the interests of the legal team) – this may mean, on occasion, taking on responsibility for workflows that may not necessarily be purely legal in nature but which we may be better placed (vis-a-vis other functions) to undertake.
Managing director and general counsel | ICBC International Holdings